What are reasons for invalidating a marriage for an annulment?

Legally valid reasons for annulment must be established on a case by case basis with state law informing any decision. Annulments are generally reserved for select cases in which facts suggest the marriage was not intended by either or both parties due to a variety of reasons.

Annulment Justifications

Annulments are generally reserved for special cases in which the facts and the law support a finding that a marriage should be null and void. State law governs annulment and divorce proceedings, so you will need to consult local law regarding your case. The law generally requires that the marriage must have been void from the beginning to qualify for an annulment, otherwise divorce is the legal method for dissolving a marriage. Some common grounds for annulment include:

• A spouse lacked capacity to consent to the marriage because of mental incapacity or infirmity;
• The marriage was entered into because of influence of alcohol, drugs or other incapacitating substances;
• The consent of one of the parties to the marriage was obtained by force, duress or fraud;
• One of the partners lacked the physical capacity to consummate the marriage by sexual intercourse;
• The marriage was between family members such as brothers and sisters; and
• One of the spouses was already married to another person at the time the marriage was entered.

Getting Legal Advice

An experienced family law attorney who practices in your region can advise you of the law regarding annulment in your jurisdiction. You can also have an attorney assist you with the paperwork process and with gathering evidence to support your case.